IP-IT-Media Archives - UGGC Avocats

Cannes 2022: “Transposition of the AVMS Directive”, with Anne-Marie Pecoraro, Corinne Khayat and Rodolphe Boissau

After a 73rd virtual edition because of Covid-19 and a 74th edition shifted in July to be organized in person despite the pandemic, the 75th edition of the Cannes Film…

The European Commission adopts a proposal for a Data Act | 22/04/2022

IP-IT-Media

Watches, thermostats, lights, cameras, TVs, robots, scales… these objects all have in common that they present versions of themselves in so-called connected object versions; and the list is not exhaustive,…

The transfer of audiovisual catalogs | 22/04/2022

IP-IT-Media

The law n° 2021-1382 of October 25, 2021 relating to the regulation and protection of access to cultural works in the digital era has brought some changes that reinforce the…

Episode 3: Trademark law and presidential elections | 20/04/2022

IP-IT-Media

UGGC Avocats proposes to decipher the presidential campaign through the prism of intellectual property and personal data, at the rate of an episode every 15 days. Episode 3: Trademark law…

EPISODE 2: PERSONAL DATA AND PRESIDENTIAL ELECTION | 20/04/2022

IP-IT-Media

UGGC Avocats proposes to decipher the presidential campaign through the prism of intellectual property and personal data, at the rate of an episode every 15 days. Episode 2: Personal data…

LE DROIT D’AUTEUR EN CAMPAGNE | 21/02/2022

IP-IT-Media

LE DROIT D’AUTEUR EN CAMPAGNE Le Cabinet UGGC Avocats se propose de décrypter la campagne présidentielle sous le prisme de la propriété intellectuelle et des données personnelles, à raison d’un…

Episode 1 – Copyright issues on the campaign trail | 20/04/2022

IP-IT-Media

UGGC Law Firm proposes to analyze the presidential campaign through the prism of intellectual property and personal data, at a rate of one episode every 15 days. Episode 1: Copyright…

The NFT trend impacts the luxury industry | 20/04/2022

IP-IT-Media

The NFT (non-fungible tokens) phenomenon is both an emerging trend and a source of potential wealth, and is of great interest to luxury brands, which are increasingly circulating their products…

Transposition of Article 17 of Directive 2019/790: setting an audience threshold (400,000 unique visitors) and uploaded works (variable according to type) | 29/11/2021

IP-IT-Media

The determination of the platforms falling within the scope of Article 17 of the Copyright Directive, transposed into French national law, has been clarified with the publication in the Official…

The future of television and streaming | 26/11/2021

IP-IT-Media

French television channels are increasingly switching to streaming to vary their offers, services and content and to stand out from competitors. Given the increasing popularity of streaming in the media,…

The development of the draft “CABLE-SATELLITE” decree | 25/11/2021

IP-IT-Media

Following the first public consultation on the draft decree on the film and audiovisual contribution of television and radio service publishers distributed by networks not using frequencies assigned by the…

Brexit: further transfer of personal data to the United Kingdom without supervision is allowed | 25/11/2021

IP-IT-Media

The European Commission has adopted two adequacy decisions in order to continue to transfer personal data to the United Kingdom without more specific guidance. The adoption of Adequacy Decisions by…

Proposed legislation on counterfeiting: new recommendations and advances tabled before the Assembly | 19/11/2021

IP-IT-Media

To counteract counterfeiting, a new law proposal will be examined during the next parliamentary session of the Agir group. This proposed law made by Christophe Blanchet (Modem) and Pierre-Yves Bournazel…

The adoption of the law on the regulation and protection of access to cultural works in the digital era: astep forward the French creation defence | 18/11/2021

IP-IT-Media

The Constitutional Council decision validated the constitutionality of the law on the regulation and protection of access to cultural works in the digital era in its almost entirety. This validation…

The astonishing reappearance of Céline’s unpublished works sets the stage for a new editorial adventure | 28/10/2021

IP-IT-Media

August 2021 has been an emotional mounth for the publishing world. Several thousand unpublished writtings written by Louis-Ferdinand Céline [1] have resurfaced in extraordinary conditions more than seventy-five years after…

Cultural works in the digital age: anti-piracy bill adopted | 21/10/2021

IP-IT-Media

Anne-Marie Pecoraro, associate lawyer specialising in intellectual property, spoke at the EFB on Thursday 21 October 2021, alongside the HADOPI-ARCOM team and Caroline Guenneteau from beIN sport, as part of…

Agreement on the respect of copyright in film contracts signed | 14/10/2021

IP-IT-Media

As highlighted by @ContexteNum, on Tuesday 12 October 2021, in the presence of the Secretary of Culture Roselyne Bachelot, an "agreement relating to the standard clauses subordinating the allocation of…

New agreement with film organisations: TF1 wants to play a major role in French cinema and in the future media chronology | 01/10/2021

IP-IT-Media

TF1 announced on 19 July the signing of an unprecedented agreement with eleven film organisations based on those signed until now mainly by the Canal + channel. It paves the…

The draft decree “cable-satellite”: The short circuit of specialty channels? | 01/10/2021

IP-IT-Media

Suffering from the pandemic and the exponential competition from streaming platforms, specialty channels fear further setbacks with the arrival of this new regulation. A consultation on the draft "cable-satellite" decree,…

Delay in the adoption of the media chronology reform: Netflix takes the offensive | 01/10/2021

IP-IT-Media

The transposition into domestic law of the AVMS Directive of 14 November 2018 [1] is at the origin of a fundamental reform of the French audiovisual sector. The amendments, carried…

Registration of a sound mark: the decision that will make some noise | 23/07/2021

IP-IT-Media

EU Court of Justice (First Chamber), 7 July 2021, Case T 668/19, Ardagh Metal Beverage Holdings GmbH & Co KG v. European Union Intellectual Property Office (EUIPO) The General Court…

Neighbouring rights of videogram producers: the end of the road for a university | 16/07/2021

IP-IT-Media

Civil 1st, 16 June 2021, FS-B, No. 19-21.663 A university proposed to a producer to produce a film on the occasion of the centenary of the formulation of Einstein's theory…

Double patenting: confirmation of a prohibited practice | 16/07/2021

IP-IT-Media

EPO, Enlarged Board of Appeal, 22 June 2021, Decision No. G4/19 [1] The Enlarged Board of Appeal of the European Patent Office (EPO) issued decision G4/19 on 22 June 2021…

Brancusi’s Le Baiser: in life and in death | 15/07/2021

IP-IT-Media

Brancusi's Le Baiser: in life and in death Council of State, 9th and 10th chambers, 2 July 2021, no. 447967 The funerary ensemble, consisting of (i) the funerary stele and…

Russia: a law on wine products provides for new labelling of sparkling wines and champagnes | 15/07/2021

IP-IT-Media

A law signed by Vladimir Putin on 2 July stipulates that from now on, only sparkling wines produced in Russia will be able to use the name "champagne", which would…

Act of communication to the public and liability of online platform operators: a return to the past | 09/07/2021

IP-IT-Media

Clarification of the concept of communication to the public and a look back at the conditions of liability of online platform operators for unauthorised uploads of works by users of…

Collective works: the Versailles Court of Appeal confirms that the recipe book “Ladurée Salé” belongs to the category of collective works. | 08/07/2021

IP-IT-Media

Versailles Court of Appeal, 1st Chamber, 1st Section, 2 March 2021, No. 18/08237 In its ruling of 2 March 2021, the Versailles Court of Appeal clarified the issue of multiple…

CJEU rules that systematic gathering of IP addresses is lawful | 08/07/2021

IP-IT-Media

In a decision handed down on June the 17th, 2021, the Court of Justice of the European Union ruled that the systematic gathering by a rights holder of the IP…

Conference of Ministers responsible for Media and Information Society of the European Council: key points | 30/06/2021

IP-IT-Media

On 10 and 11 June 2021, the ministerial conference "Artificial Intelligence (AI) - Smart Policy - Challenges and Opportunities for Media and Democracy" of the European Council was attended by…

Image rights: the mere capture of a person without his authorization gives rise to a right to compensation | 01/07/2021

IP-IT-Media

In a recent decision of June 2, 2021, the Court of Cassation (FRANCE had the opportunity to come back on the notion of image rights, particularly when the capture and…

“SMAD” decree: Establishment of financing obligations for video-on-demand platforms | 28/06/2021

IP-IT-Media

As the industry and the public prepare for the atypical Cannes Film Festival in July 2021, the entire audiovisual ecosystem is on high alert as the reforms progress.This Wednesday, June…

SPECIAL EURO 2020 – Football: a right that is still offside? (Part 2) | 25/06/2021

IP-IT-Media

I/ Audiovisual rights for football games: the battle for broadcasting rights A few months ago, Mediapro, the main broadcaster of the French Championship through the Téléfoot channel, announced its intention…

SPECIAL EURO 2020 – Football: a right that is still offside? (Part 1) | 25/06/2021

IP-IT-Media

As you probably know, the Euro 2020 football tournament started on Friday 11 June with the opening match Turkey - Italy in Rome. Let's take advantage of this event to…

Public auction: the auctioneer cannot act in payment of the auction price | 21/06/2021

Art Market

In a recent dispute between an auctioneer and a gallery owner, the Paris Court of Appeal has clarified the scope of the auctioneer's mandate when organizing a public auction. This…

Bioethics bill and MAP: towards a conclusion in the National Assembly | 18/06/2021

IP-IT-Media

The National Assembly adopted the Bioethics bill for the third time on the night of Wednesday 9 to Thursday 10 June, by a vote of 84 votes for, 43 against…

Marketplaces: new European anti-counterfeiting measures | 18/06/2021

IP-IT-Media

On December 15, the European Commission unveiled the new draft "Digital Services Act" (hereafter DSA) regulation aimed at regulating the digital market. The text aims to create a strong framework…

Louboutin v. Amazon: holding marketplaces liable when they sell and advertise counterfeit products? | 14/06/2021

IP-IT-Media

If the Court of Justice of the European Union (CJEU) had not in 2017 held marketplaces liable for storing and selling counterfeit[1] products, the case brought before the CJEU on…

Private copy: back to the future for refurbished smartphones and tablets? | 09/06/2021

IP-IT-Media

"Let's not pit the 200,000 beneficiaries of private copy levies against buyers of refurbished products," [1] say the 1661 artists, authors, filmmakers and illustrators who signed the Journal du Dimanche's…

The CNIL gives notice to several organizations to comply with the legislation on cookies | 07/06/2021

IP-IT-Media

The deadline for bringing websites and mobile applications into compliance with the rules on trackers ended on March 31, 2021! Repealing the first recommendation on cookies & digital tracers of…

Interpol launches app to identify and report stolen art | 27/05/2021

IP-IT-Media

The ID-Art app, which launched May 6, allows users to track and identify stolen art through an image recognition system. According to Interpol, the user has the option of taking…

Publication of the ordinance transposing articles 17 to 23 of the copyright directive | 27/05/2021

IP-IT-Media

On Wednesday, May 12, 2021, the Minister of Culture presented the ordinance transposing articles 17 to 23 of the Copyright[1] Directive into French law. The ordinance, which amends the Intellectual…

Regulation of product placement on online platforms | 21/05/2021

IP-IT-Media

In 2021, EU Member States will have to transpose the audiovisual commercial communication provisions including the product placement legal regime provided for in the amended Audiovisual and Media Services (AVMS)…

The editor of a website who slavishly copies a competitor’s product description is guilty of unfair competition and parasitism even if there is no turnover | 19/05/2021

IP-IT-Media

On March 17, the French Supreme Court had the opportunity to rule on unfair competition and parasitism, when the acts are carried out on an Internet site. "In order to…

Tintin: no infringement for parodic works inspired by Hergé | 19/05/2021

IP-IT-Media

The court of Rennes dismissed the Belgian company, exclusive owner of the exploitation rights of Hergé's work, which asked for the condemnation of a French artist for having reproduced and…

A new commission for the remuneration of journalists | 14/05/2021

IP-IT-Media

The decree of 29 April 2021 replaces the Commission of Journalists' Copyrights - “Commission des Droits d’Auteur des Journalistes” in French, abbreviated CADJ, founded in 2010, to institute a Common…

Artificial intelligence: Twitter is to work on a more ethical and responsible technology | 11/05/2021

IP-IT-Media

On April 14, the Californian company presented the first results of its work, with the aim of implementing a more ethical algorithm on the platform, and giving more control to…

UGGC’s Intellectual Property team involved in the IP DAY | 26/04/2021

IP-IT-Media

For the past twenty-one years, every April 26, World Intellectual Property Day has been held, organized by WIPO. This day is intended to raise awareness of the general public to…

The CNC temporarily allows films to be screened outside the movie theater | 19/04/2021

IP-IT-Media

On Thursday, April 1, 2021, the Board of Directors of the CNC voted to allow certain films to be shown without being released in cinemas. Unlike the measure taken a…

French media exploitation chronology: the timetable for the definition of new rules is not suspended | 19/04/2021

IP-IT-Media

On 21 December 2020, the French Council of State (Conseil d’Etat) imposed that “television channels and video-on-demand platforms define together a new media exploitation chronology for films released in theatres”,…

Advertising: the “Climate and Resilience” bill debated in public session at the National Assembly | 19/04/2021

Environment

The bill, introduced by the government in February, has been the subject of thousands of amendments. The special committee, after examination, has given its comments on which the discussions in…

Protected geographical indication: a reputation duly established before registration at the INPI has no effect on obtaining protection | 19/04/2021

IP-IT-Media

If the registrations of a protected geographical indication are not very frequent (4 in 2020 at the INPI of which 2 were approved), the Court of Appeal of Bordeaux had…

Taking a part of the money generated by the commercial exploitation of works in the public domain: a solution proposed to the National Assembly | 19/04/2021

IP-IT-Media

A bill establishing a common public domain in order to fight against the precariousness of arts and culture professionals was submitted on Tuesday, March 23, 2021 at the National Assembly.…

Petition for the reopening of art galleries: the Council of State is seized with a request for interim relief | 14/04/2021

IP-IT-Media

Following the new provisions of the decree n°2021-296 of 19 March 2021, the Professional Committee of the Art Galleries (CPGA) seized the French Council of State (Conseil d’Etat) on 25…

General Court of the European Union grants design protection to | 15/04/2021

IP-IT-Media

In a decision rendered on March 24, 2021, the European Genral Court (EGC) overturned a decision of the European Union Intellectual Property Office (EUIPO) that declared the design registration of…

Personal data: the French Competition Authority rejects requests for conservatory measures against Apple | 13/04/2021

IP-IT-Media

The French Competition Authority had been asked by several online advertising companies to prohibit a feature of the iOS 14 operating system that allows users to limit the collection of…

Fashion : is an employed stylist also the author of the creations? | 13/04/2021

IP-IT-Media

The recognition of the quality of author for a salaried stylist in a fashion house is not always obvious, especially when several people intervene on the drawing or the making…

The CSA delivered a favorable opinion on the Smad decree, with reservations | 13/04/2021

IP-IT-Media

On December 18, 2020, in accordance with the procedure provided under Article 9 of the Léotard Law, the Ministry of Culture submitted the répondSmad decree to the Conseil supérieur de…

EXCLUSIVE DISCUSSION: the Ministry of Culture’s project to control the sale of audiovisual catalogs | 05/05/2021

IP-IT-Media

Contexte has obtained and published the "draft bill" on the protection of public access to cultural works in the digital age. UGGC delivers its legal expert commentary in preview. Among…

Public consultation on the proposed decree on advertising on platforms | 06/04/2021

IP-IT-Media

The Directorate General for Media and Cultural Industries (hereinafter "DGMIC") has launched a public consultation on the decree taken in application of the new article 60 of the 1986[1] law…

The 25th European Intellectual Property Forum, organized by UNIFAB, reminds us of the need to make consumers aware of the challenges of the fight against counterfeiting | 06/04/2021

IP-IT-Media

UGGC Law Firm was honored to participate in the debate masterfully orchestrated by Unifab on the occasion of the 25th European Intellectual Property Forum. The forum, which took place on…

Conseil d’Etat, data, health: no suspension of the partnership between the Ministry of Health and Doctolib | 06/04/2021

IP-IT-Media

Associations and professional unions (hereinafter "the applicants") have asked the interim relief judge of the Conseil d'Etat (i.e the supreme administrative jurisdiction in France) to suspend the partnership between the…

Artificial intelligence : the European Parliament makes progress on its future legislation | 06/04/2021

IP-IT-Media

The project of report of the Culture Committee of the European Parliament on the role of AI in education, culture, and audiovisual was approved on Tuesday, March 16. The European…

The CJEU considers that framing can constitute a making available to a new public | 26/03/2021

IP-IT-Media

The German Federal Court of Justice has referred the issue of framing and Directive 2001/29 to the CJEU. On March 9, the CJEU issued an opinion explaining that framing constitutes…

E-Health: new “health data warehouse” guidelines coming soon | 23/03/2021

IP-IT-Media

The French National Commission for Information Technology and Civil Liberties (CNIL FRANCE) has launched a consultation on a project of reference for the creation of health data warehouses. This consultation…

Personal data: a decree authorizing the automatic detection of mask wearing in French public transport has been published | 05/05/2021

IP-IT-Media

Published in the French Official Journal on 11, March 2021, Decree No. 2021-269 authorizes for a year the use of intelligent video to measure mask-wearing rates on public transportation (hereinafter…

Uberization: the Italian justice system sentences home delivery platforms | 19/03/2021

IP-IT-Media

After an investigation opened in 2019, the Milan Public Prosecutor's Office has sentenced the home delivery platforms Foodinho-Glovo, Uber Eats Italy, Just Eat Italy and Deliveroo Italy to a global…

Music Streaming: a new system of remuneration for artists planned on Soundcloud | 18/03/2021

IP-IT-Media

The music streaming group SoundCloud, which is preferred by independent labels and artists, announced on Tuesday, March 2, 2021 that it will change the calculation of the remuneration of artists…

Chanel attacks companies that market jewelry created from assemblies of old buttons of the luxury brand | 17/03/2021

IP-IT-Media

While many jewelry and accessory designers offer costume pieces for sale using old buttons from different Haute Couture houses, Chanel has decided to sue one of these designers in the…

Creation of the Cisa, an inter-union coordination for the audiovisual sector. | 16/03/2021

IP-IT-Media

Thecoming into effect of the new SMAD decree (for on-demand audiovisual media services) taken to transpose the European AVMS directive and repeal the 2010 SMAD decree, the renegotiation of the…

Parasitism: likehood of confusion between the magazines “Public” and “PoUblic” | 15/03/2021

IP-IT-Media

In July 2019, the media company CMI Publishing (hereinafter "CMI Publishing") which publishes the magazine "Public" found that the competing media company FT Magazine (hereinafter "FT Magazine") had published a…

The real estate advertisements of the website leboncoin.fr are a protected data base | 12/03/2021

IP-IT-Media

In a decision dated February 2, 2021, the Paris Court of Appeals confirmed that the leboncoin.fr website qualified as a database of which LBC, the operator, is the producer. The…

European publishers and Microsoft call for the establishment of an arbitration committee on neighboring rights | 11/03/2021

IP-IT-Media

On February 22, 2021, European publishers and Microsoft agreed to issue a press release in which they committed to work together to find a solution to guarantee the remuneration of…

Leakage of health data: what impacts and what measures should be taken? | 10/03/2021

IP-IT-Media

Since February 14, 2021, a computer file containing the personal data of 500,000 patients has been circulating on the Internet from some thirty medical biology laboratories, most of them located…

Copyright: Jeff Koons and the Pompidou Center convicted on appeal for counterfeiting a Naf-Naf advertisement | 09/03/2021

IP-IT-Media

On February 23, 2021, the Paris Court of Appeal upheld the conviction of Jeff Koons and his company and ruled that the sculpture "Fait d'hiver" was indeed a counterfeit of…

Twitter compelled to communicate the identifying data of an anonymous account that published a tweet containing personal information on a politician | 08/03/2021

IP-IT-Media

During the 2019 European elections, the former general secretary of the party “Debout la France” (in English “Wake up France”), notes that private exchanges with party executives and personal photographs…

The TikTok application targeted by a complaint from consumer associations | 05/03/2021

IP-IT-Media

The video-sharing application with 800 million active users has become the target of consumer associations. At stake are the rights and safety of its users, especially the youngest, often under…

Cinema: towards a “process of fair negotiation ” with streaming platforms? | 04/03/2021

IP-IT-Media

As the Audiovisual Media Services (AVMS) and Copyright Directives are gradually being implemented in the Member States of the European Union, the Federation of European Film Directors (FERA) wishes to…

The proposal of the sport law will be discussed soon in the National Assembly | 04/03/2021

IP-IT-Media

Bill No. 3808 aimed at democratizing sport in France (hereinafter "the Bill"), which was initiated by the majority group of the Republic in March, will be examined on March 8,…

Google Ads: Google condemned for abuse of dominant position | 02/03/2021

IP-IT-Media

By repeatedly deleting advertisements purchased by an operator on its Google Ads site, the American company was guilty of anti-competitive practices. Such is the verdict of the Paris Court of…

Publication of a decree allowing tax authorities to use public information from users of online platforms to fight against fraud | 01/03/2021

IP-IT-Media

Published on February 13, 2021 in the Official Journal, Decree No. 2021-148 (hereinafter "the Decree") defines the terms and conditions under which the tax authorities may collect information from users…

Possible sale of M6: towards a consolidation of the French television sector? | 25/02/2021

IP-IT-Media

After Vivendi announced that it had signed a "promise to purchase" to acquire the entire press group Prisma Media (which controls the magazines Femme actuelle, Capital and Géo) at the…

Scriptwriters appeal to the Minister of Culture Roselyne Bachelot | 26/02/2021

IP-IT-Media

The "Paroles de scénaristes" collective is composed of authors for the small and big screen, and has been present since December 2020 on Facebook, where screenwriters are free to give…

The “Vendôme” trade mark is partially sold to LVMH | 24/02/2021

IP-IT-Media

In order to remedy to the unauthorized commercial use of municipalities’ names, which is often difficult to oppose despite the mechanism provided for article L. 711-4 h) of the French…

Personal data: EDPB recommendations in the context of the DMA and DSA | 23/02/2021

IP-IT-Media

On February 10, 2021, the EDPB, the European Data Protection Board, published recommendations relating to the protection of personal data in the context of the publication of the proposal for…

e-Privacy Regulation: Council of the European Union adopts new negotiating mandate | 22/02/2021

IP-IT-Media

These terms of reference, adopted on February 10, 2021, will serve as a basis for revising the rules on the protection of privacy and confidentiality in the use of electronic…

Climate justice: the French State recognized as responsible for failures in the fight against global warming | 19/02/2021

Environment

In March 2019, four NGO[1] s - united within the collective "L'Affaire du Siècle"[2] and supported by 2.3 million citizens - brought a case before the Paris Administrative Court (hereinafter…

Commissioned photography: no counterfeiting when the prints come from precise instructions from the customer | 18/02/2021

IP-IT-Media

According to a decision of the Court of Appeal of Paris dated January 22nd, professional photographers cannot prohibit the reproduction of their photos, realised under precise instructions from the client,…

Digital artwork: companies will not benefit from tax reductions on purchase | 17/02/2021

IP-IT-Media

Solicited by a parliamentary question, the Minister of Culture came, on January 12th, to freeze the fiscal nature of digital works of art. Noting that the art market "has adapted…

Media timeline: Government sets March 31, 2021 as the deadline for a new agreement | 16/02/2021

IP-IT-Media

As part of the transposition of the Audiovisual Media Services Directive, the government will adapt the media chronology currently in place to take into account the evolution of uses, in…

The CNIL gives its opinion on the “global security” law proposal | 15/02/2021

IP-IT-Media

While the national commission for information technology and civil liberties concedes that certain provisions of the text constitute an improvement in the legal framework, it considers that others must be…

Trademark Package: Assessing the filing of non-traditional trademarks | 15/02/2021

IP-IT-Media

NON-TRADITIONAL TRADEMARKSAssessing the filing of non-traditional trademarks since the first anniversary of the “trademark package” implementation Despite trademark legislation in the EU no longer referring to the requirement of graphic…

Architecture & design: architectural plans and drawings can be protected by copyright when they are drawn up by a project manager and not a DPLG architect, subject to originality | 12/02/2021

IP-IT-Media

In a recent decision of January 21, 2021, the Rennes Court of Appeals (France) ruled in a litigation opposing two project managers over the construction plans for a single-family home.…

Copyright: making a street-art work appear in a political video without authorization does not infringe on the artist’s rights | 11/02/2021

IP-IT-Media

The Judicial Court of Paris has recently returned to the so-called exception of freedom of panorama in a litigation opposing a political party to an artist. In the context of…

Fight against counterfeiting: intentional purchasing decreasing in France and Europe | 10/02/2021

IP-IT-Media

A new study by the European Union Intellectual Property Office (EUIPO) indicates a decrease of purchases of counterfeit products and access to illegal content. The survey, conducted on a panel…

Amazon and five publishing houses sued for agreement on e-book prices | 09/02/2021

IP-IT-Media

The class action was filed on January 14 on behalf of consumers in several states against the giant Amazon and targets five publishers as "co-conspirators". The case concerns commercial practices…

Blocking Eight Illegal IPTV Services | 08/02/2021

IP-IT-Media

At the initiative of the Association for the Fight against Audiovisual Piracy (hereinafter "Alpa"), and with the support of the CNC, rights holders and television channels obtained the blocking of…

Press related rights: new agreement signed by Google to remunerate the French press | 05/02/2021

IP-IT-Media

On April 9, 2020[1], the French Competition Authority (Autorité de la Concurrence) required Google to negotiate under its supervision with publishers and news agencies « a fair, reasonable and non-discriminatory compensation…

ECHR: when freedom of expression (still) faces censorship | 04/02/2021

IP-IT-Media

A court injunction forcing a media company to remove illegal recordings from its website does not infrige freedom of expression. In a January 14 ruling, the European Court of Human…

Report commits to a reform of the evidence of originality in literary and artistic property | 03/02/2021

IP-IT-Media

The report submitted on 15 December 15, 2020 to the Superior council for literary and artistic property (CSPLA) envisages a recasting of Article L. 112-2 of the French Intellectual Property…

The Court of Cassation rejects the appeal requesting the suspension of the broadcasting of the film “Grace to God” | 02/02/2021

IP-IT-Media

On January 6, 2021, the Court of Cassation confirmed the Paris Court of Appeals' ruling that freedom of expression prevailed over the presumption of innocence. The plaintiff, a former priest…

The procedure governing the blocking of hate mirror sites discussed in the French National Assembly | 01/02/2021

IP-IT-Media

On Thursday, January 21, 2021, the chapter relating to cyber-hate in Bill No. 3649 Confirming Respect for the Principles of the Republic[1] (hereinafter "the Bill")" was examined by the Special…

Artistic creation: deadline for submitting an application for creative assistance | 29/01/2021

IP-IT-Media

Artist-authors may apply for creative assistance from the National Centre for the Plastic Arts (NCPA) until February 12, 2021. Since the beginning of the COVID 19 health crisis, artist-authors, regardless…

GREEN IT: Bill to reduce the environmental footprint of digital technology adopted in the Senate | 28/01/2021

Environment

After a year of parliamentary work, the Senate has adopted on January 12, in first reading, the bill aimed at reducing the environmental footprint of digital technology in France. Based…

“Wall of jerks”: the Court of Cassation confirms the condemnation of the ex-president of the Judges’ Union for public insult | 27/01/2021

IP-IT-Media

The Court of Cassation dismissed the three appeals filed by the ex-president of the Magistrates' Union after her condemnation, upheld on appeal, by the Paris Criminal Court. It is in…

Showroomprivé.com advertisement pinned for violation of ARPP’s sustainable development recommendation | 27/01/2021

IP-IT-Media

The Ecological Transition Agency (hereinafter « ADEME" » and several individuals have filed a complaint in front of the Authority of professional regulation of advertising (hereinafter « ARPP ») against Showroomprivé.com for the broadcast…

Launch of the renegotiation of the French DTT decree (“Décret TNT”) | 25/01/2021

IP-IT-Media

While the French SMAD decree is also being revised and was recently sent to the European Commission as part of the notification process, Roselyne Bachelot announced that she would be…

A decree puts an end to the general and absolute advertising ban for doctors | 25/01/2021

IP-IT-Media

The ban on advertising by doctors was repealed by decree in order to comply with European law. The CJEU had indeed ruled in 2017[1] that such a ban was contrary…

Publication of the decree extending the control of foreign investment in France | 22/01/2021

IP-IT-Media

Decree no. 2020-1729 of December 28, 2020 amends Decree no. 2020-892 of July 22, 2020[1] and extends the control of foreign investments in France by one year, i.e. until December…

Image exploitation of public and private property: principle of freedom, subject to certain reservations | 22/01/2021

IP-IT-Media

The Firm is returning to the exploitation, particularly commercial, of the image of property belonging to the public and private domains. The Council of State and the Court of Cassation…

CJEU: prohibition of the reproduction of the shape or appearance of a product protected by a PDO if it misleads the consumer as to its origin | 21/01/2021

IP-IT-Media

At the European level, agricultural, forestry and seafood products can benefit from a sign identifying their quality and origin through Protected Designations of Origin (hereafter "PDO") or Protected Geographical Indications…

Council of State: the closure of cinemas, theaters and shows, an attack on freedom of expression? | 21/01/2021

IP-IT-Media

While the decline in activity in the audiovisual and film sectors due to the health crisis has been estimated at nearly 20% of revenues, or a loss of business of…

Consequences of Brexit on your brands in the United Kingdom: vade-mecum | 21/01/2021

IP-IT-Media

Brexit was established on December 31 by the publication in the Official Journal of the European Union of the Trade and Cooperation Agreement between the European Union and the European…